Resident Hero Fights Condominium Fire Caused by Smoking on Deck

On September 22, off-duty firefighter Dan Hess grabbed his gear to battle a blaze on the roof of his north Seattle condominium building. Described as a hero by his neighbors, Hess helped to contain a fire ignited by lit cigarette embers that fell through a deck.

The Washington Condominium Act gives associations the authority to regulate the appearance and use of limited common areas like decks unless their governing documents provide otherwise. Condominium boards can thus usually approve rules regulating or restricting smoking on decks in order to reduce fire and nuisance risks. Consulting with the owners to gauge the level of support for proposed rules affecting smoking on decks is a good initial practice. Boards should also consider asking the association’s attorney to evaluate proposed anti-smoking rules before a vote is taken.

I Was Just Quoted in an Article About Homeowners Associations on MSN.com!

I was recently quoted in Scot Meyer's article Homeowners associations: Can you fight them and win? on MSN.com. I was pleased to see that he began by emphasizing the positive qualities of community associations that are regularly experienced (and sometimes taken for granted) by a vast multitude of people every day. I was also happy to see him stress at the outset that owners have internal political remedies at their disposal to address their legitimate grievances and effect change in their communities.

The Changing Landscape of Community Association Law

The October edition of the King County Bar Bulletin contains an article that I authored describing new laws affecting Washington condominium and homeowners associations. The full article can be found on my office’s website. Much of its content has previously appeared on this blog, but the new concluding paragraph expands on that content by emphasizing that most boards can derive great benefit from collaborative relationships with attorneys who focus on community association law.

Court Upholds Huge Penalty on State Agency for Failing to Disclose Records

The Washington Court of Appeals issued a published decision last week in the matter of Ken Bricker v. Washington State Department of Labor & Industries. In this case, Mr. Bricker sued a state agency after it failed to release public records to him. The trial court imposed a $90 per day penalty for the untimely disclosure of sixteen documents and a $15 per day penalty for the untimely disclosure of three additional documents based on the Washington Public Records Act. The total penalty was $29,445. It was upheld on appeal.

While the Washington Public Records Act does not apply to Washington condominium and homeowners associations, those entities are similarly required by other state laws (and frequently their own governing documents) to make their records reasonably accessible to owners. If those associations fail to promptly disclose records, then they are subject to court-imposed financial penalties. The Bricker decision demonstrates why boards should take owners’ requests to review association records seriously.

New Medical Marijuana Laws Force Seattle Condominiums to Choose Sides

In 1998, Washington state voters approved a law permitting the use of medical marijuana by patients with certain terminal and debilitating medical conditions. On July 22, 2011, that law was amended to expand state-sanctioned patient protections, permit the formation of collective gardens managed by up to ten qualifying medical marijuana patients, and authorize cities to regulate medical marijuana.

Seattle City Ordinance 123611 went into effect on August 21, 2011. It seeks to regulate the possession, production, and distribution of medical marijuana in light of the fact that there are currently a number of medical marijuana dispensaries operating in Seattle. However, that ordinance also notes that local licensing of medical marijuana does not change the fact that possession, production, and distribution of marijuana (medical or otherwise) violate federal law. Washington Governor Christine Gregoire recently warned that medical marijuana patients and their providers remain subject to federal prosecution and should carefully evaluate the risks associated with their conduct.

Medical marijuana gardens and dispensaries are illegal. Seattle condominium associations confronted with requests to operate marijuana-related enterprises can just say no. Associations that are inclined to grant such requests should first seek the advice of an attorney in order to understand the possible ramifications of that course of action.